Federal Court rejects government’s attempt to end Flores Settlement Agreement, preserving vital protections for immigrant children

LOS ANGELES — In a major victory for the rights and dignity of immigrant children, on Friday, Aug. 15, a federal court struck down the federal government’s latest bid to end the Flores Settlement Agreement, ensuring that the long-standing protections it provides will remain in force.

The Flores Settlement Agreement, in place since 1997, is a foundational legal safeguard that requires the federal government to treat children in immigration custody humanely, hold them in the least restrictive settings, prioritize release to family, and provide access to basic necessities such as clean water, food, medical care, and safe, sanitary living conditions.

Friday’s ruling reaffirms that children — whether accompanied by their families or arriving alone — remain entitled to these basic human rights. The court’s decision preserves critical court oversight and blocks the government from detaining children indefinitely in inhumane, unlicensed, or dangerous facilities.

U.S. District Judge Dolly Gee issued her ruling, finding that, “The Court remains unconvinced. There is nothing new under the sun regarding the facts or the law. Thus, it is the Government that continues to bind itself to the Flores Settlement Agreement by failing to fulfill its side of the Parties’ bargain. In light of the foregoing, the Court again DENIES Defendants’ MTT.”

The Flores co-counsel team — including the Center for Human Rights and Constitutional Law, National Center for Youth Law, and Children’s Rights — applauds this ruling.

“The Court’s vindication of Flores is a victory that belongs to each and every immigrant child currently detained by our government,” said Sergio Perez, Executive Director of the Center for Human Rights and Constitutional Law. “Children should be free and, barring that, they should be cared for in environments that respect their basic human rights and essential needs. So long as that is not the case, Flores provides an essential avenue for transparency and accountability.”

This decision comes at a critical moment. Immigrant children and families are increasingly subjected to prolonged detention in isolated, prison-like conditions. The government’s attempt to dismantle the Flores Agreement — which it has repeatedly violated — would have thrown the door open to mass, indefinite detention of children without any enforceable standards for their care.

“I will never forget meeting with a mother and her two young daughters who described being detained in a cell with over 40 people that was littered with trash and an overflowing toilet. They could not use the bathroom privately, and the girls were struggling to sleep in a crowded cell on the floor with nothing more than a mat and a mylar blanket. These young girls, like all children, deserve safety and dignity,” said Mishan Wroe, Directing Attorney at the National Center for Youth Law. “We are pleased the Court understands the value of the Settlement in protecting the rights of children and refuses to allow the government to shirk its basic responsibilities.” 

Friday’s ruling sends a clear message: immigrant children are not invisible. They deserve care, dignity, and full recognition of their human rights. Strong, enforceable protections under the Flores Agreement remain essential to shielding children from the deprivation and distress of immigration detention — harms that children themselves have made heartbreakingly clear. 

“Some things here are really bad — really scary. This place is full of little kids . . . I don’t want any more kids to come here. I don’t like seeing all the kids crying.” 

- 16-year-old child, detained in an ICE Family Detention Center

“At a time when the government seeks free rein to rip children from their communities and detain them for as long as it wishes, I am grateful for the court’s well-reasoned decision to protect the Flores Settlement Agreement from the Trump Administration’s most recent attack,” said Leecia Welch, Deputy Litigation Director at Children’s Rights. “My colleagues and I have seen the looks of desperation and fear on the faces of children as they describe their captivity in brutal, prison-like settings. Flores is the only thing standing between them and their indefinite detention in ever harsher conditions.”

For nearly 30 years, the Flores Settlement Agreement has stood as a cornerstone of legal protections for immigrant children, ensuring they are treated with basic care and dignity. Repeated violations — including unlicensed family detention, forced medication of children, and the use of open-air detention sites at the border — underscore the continued need for Flores court oversight. Now more than ever, we must defend and strengthen these protections — because without Flores, children would be left entirely at the mercy of a system that has consistently failed them.

As long as children face the profound harms of immigration detention, Flores co-counsel will remain steadfast in defending their rights and holding the government accountable for how it treats children in its custody. This fight to preserve the Flores Agreement is not only about legal protections — it's about the kind of country we choose to be for the most vulnerable in our care.

###

The Center for Human Rights and Constitutional Law (CHRCL) is a legal non-profit committed to protecting and advancing the rights of immigrants through legal action, advocacy, and education. Through impact litigation, we challenge unlawful immigration policies to drive systemic change and establish stronger legal protections for immigrants. At the local, state, and federal levels, we advocate for fair and humane policies that uphold the rights of all immigrants. For more information, please visit centerforhumanrights.org. 

The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation's approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves.

Children’s Rights is a national advocacy organization dedicated to improving the lives of children living in or impacted by America’s child welfare, juvenile legal, immigration, education, and healthcare systems. We use civil rights impact litigation, advocacy and policy expertise, and public education to hold governments accountable for keeping kids safe and healthy. Our work centers on creating lasting systemic change that will advance the rights of children for generations. For more information, please visit childrensrights.org.